In a family law proceeding where the parties sought to incorporate Minutes of Settlement into a final order, the issue arose whether a police enforcement clause should be included to enforce custody and access provisions.
The court reviewed the statutory authority under s. 36 of the Children’s Law Reform Act and extensive jurisprudence concerning police enforcement of parenting orders.
It held that such clauses are a remedy of last resort intended for immediate or specific risks such as unlawful withholding or abduction, not as an open‑ended mechanism for anticipated future non‑compliance.
The court emphasized the potential psychological harm to children and the improper delegation of sensitive parenting disputes to police.
The proposed police enforcement clause was rejected and the remaining terms of the settlement were incorporated into the order.
